Saint Vincent and the Grenadines

Summary of Domestic Prohibition

Slavery and slave trade

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Practices similar to slavery

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Servitude

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Forced or compulsory labour

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Human trafficking

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Forced marriage

There appears to be no legislation in Saint Vincent and the Grenadines that prohibits forced marriage.

Consent to marriage

Provisions requiring consent to marriage in Saint Vincent and the Grenadines are found in the marriage act , which states that every marriage must be with the consent of both parties. CEDAW also affirms the right of both males and females to choose their partner in marriage.

Servile marriage

There appears to be no legislation in Saint Vincent and the Grenadines that prohibits servile matrimonial transactions.

Marriage trafficking

Provisions related to marriage trafficking in Saint Vincent and the Grenadine are found in the PREVENTION OF TRAFFICKING IN PERSONS ACT 2011, which prohibits trafficking for forced marriage at article 5, with a potential penalty of fine of two hundred and fifty thousand dollars or to imprisonment for fifteen years or both. Exploitation is defined under article 2 as “(b) subjecting a person to practices similar to slavery; “practices similar to slavery” includes – (c) forced or servile marriages; and “trafficking in persons” means the recruitment, transportation, transfer, harbouring or receipt of a person by means of the threat or use of force or other means of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability, or of giving or receiving of payment or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation”.

Minimum age for marriage

The minimum age for marriage in Saint Vincent and the Grenadines is 18, without differentiation by gender, as set out on Article 25 of the 2009 Marriage Act. However, marriages below the minimum age are permitted with consent of the father or, in absence, the guardian or, in absence, the mother, as set out on Article 25 of the 2009 Marriage Act. Marriage of females is allowed under exceptions as early as 15. Marriage of males is allowed under exceptions as early as 16. Where marriages are conducted involving a person below these minimum ages, the marriage shall be void, as set out on Article 4 of the 2009 Marriage.

Region

Latin America and Caribbean

Regional Court

Not party to a court

Legal System

Common

International Instruments

1926 Slavery Convention
09 November 1981
1953 Protocol to the Slavery Convention
09 November 1981
1956 Supplementary Slavery Convention
09 November 1981
1966 ICCPR
09 November 1981
1930 Forced Labour Convention
12 October 1998
2014 Protocol to the 1930 Forced Labour Convention
Not Party
1957 Abolition of Forced Labour Convention
21 October 1998
1999 Worst Forms of Child Labour Convention
04 December 2001
2000 Protocol to Prevent, Suppress and Punish Trafficking in Persons
29 October 2010
1998 Rome Statute of the ICC
03 December 2002
1956 Supplementary Slavery Convention
09 November 1981
1966 ICCPR
09 November 1981
1966 Optional Protocol to the ICCPR
09 November 1981
1966 ICESCR
09 November 1981
2008 Optional Protocol to the ICESCR
Not Party
1962 Convention on Consent to Marriage, Minimum Age for Marriage and Registration of Marriages
27 April 1999
1957 Convention on the Nationality of Married Women
27 April 1999
1989 Convention on the Rights of the Child
26 October 1993
2000 Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography
15 September 2005
2011 Optional Protocol to the CRC on a communications procedure
Not Party
1979 Convention on the Elimination of All Forms of Discrimination against Women
04 August 1981
1999 Optional Protocol to CEDAW
Not Party
1978 Convention on the Celebration and Recognition of the Validity of Marriages
Not Party
2000 Protocol to Prevent, Suppress and Punish Trafficking in Persons
29 October 2010
1998 Rome Statute of the ICC
03 December 2002
1999 Worst Forms of Child Labour Convention
04 December 2001

International Obligations

  • Slavery
  • Servitude
  • Institutions and Practices Similar to Slavery
  • Forced Labour
  • Human Trafficking
  • Marriage Trafficking

Regional Organisations

  • Commonwealth
  • Caribbean Community
  • Organisation of American States

Legislative Provisions

AWAD REPORT

Paragraph 524
The main legislative measures taken are:
(a) The Slavery Abolition Act 1833 (Imperial) – An Act for the Abolition of Slavery throughout the British Colonies
(b) An Act for the Abolition of Slavery in the island of St. Vincent and its Dependencies in consideration of compensation and for promoting the industry and good conduct of manumitted slaves, was passed in St. Vincent in 1834.
(c) An Act for the more effectual suppression of the Slave Trade was passed by the Imperial Parliament in 1843.
(d) An Act for consolidating with Amendments the Acts for carrying into effect Treaties for the more effectual suppression of the Slave Trade and for other purposes connected with the Slave Trade was passed by the Imperial Parliament in 1873.
Paragraph 527
(Dealing in slaves is prohibited or aiding, abetting or counselling any person so to do. Punishment is as described below:
£100 sterling per slave and all property or pretended property in such slaves forfeited. Prosecution as a felony punishable by imprisonment for five years.
Paragraph 528
The law and constitution do not recognize slavery, and any person dealing in slaves is liable to be prosecuted and imprisoned.

CONSTITUTION OF SAINT VINCENT AND THE GRENADINES, 1979

1. Fundamental rights and freedoms
Whereas every person in Saint Vincent is entitled to the fundamental rights and freedoms, that is to say, the right, whatever his race, place of origin, political opinions, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, to each and all of the following, namely–
a.life, liberty, security of the person and the protection of the law;
b.freedom of conscience, of expression and of assembly and association; and
c.protection for the privacy of his home and other property and from deprivation of property without compensation,
the provisions of this Chapter shall have effect for the purpose of affording protection to those rights and freedoms subject to such limitations of that protection as are contained in those provisions, being limitations designed to ensure that the enjoyment of the said rights and freedoms by any person does not prejudice the rights and freedoms of others or the public interest.
3. Protection of right to personal liberty
1. No person shall be deprived of his personal liberty save as may be authorised by law in any of the following cases, that is to say:–
4. Protection from slavery and forced labor
1. No person shall be held in slavery or servitude.
2. No person shall be required to perform forced labour.
3. For the purposes of this section, the expression “forced labour” does not include–
a.any labour required in consequence of the sentence or order of a court;
b.labour required of any person while he is lawfully detained that, though not required in consequence of the sentence or order of a court, is reasonably necessary in the interests of hygiene or for the maintenance of the place at which he is detained;

c.any labour required of a member of a disciplined force in pursuance of his duties as such or, in the case of a person who has conscientious objections to service as a member of a naval, military or air force, any labour that that person is required by law to perform in place of such service;
d.any labour required during any period of public emergency or in the event of any other emergency or calamity that threatens the life and well-being of the community, to the extent that the requiring of such labour is reasonably justifiable in the circumstances of any situation arising or existing during that period or as a result of that other emergency or calamity, for the purpose of dealing with that situation.
5. Protection from inhuman treatment
No person shall be subjected to torture or to inhuman or degrading punishment or other treatment.
12. Protection of freedom of movement
1. A person shall not be deprived of his freedom of movement that is to say, the right to move freely throughout Saint Vincent, the right to reside in any part of Saint Vincent, the right to enter Saint Vincent, the right to leave Saint Vincent and immunity from expulsion from Saint Vincent.St Vincent and the Grenadines Constitution

PREVENTION OF TRAFFICKING IN PERSONS ACT 2011

Article 2. Interpretation
In this Act, unless the context otherwise requires –
“debt bondages” means the status or condition of a debtor arising from a pledge by the debtor of his personal services or those of the persons under his control as a security for debt, if the value of those services as reasonably assessed is not applied toward the liquidation of the debt or the length and nature of those services are not respectively limited and defined;
“exploitation” includes –
(a) keeping a person in a state of slavery;
(b) subjecting a person to practices similar to slavery;
(c) compelling or causing a person to provide forced labour or services;
(d) keeping a person in a state of servitude, including domestic and sexual servitude;
(e) child pornography;
(f) the exploitation of the prostitution of another;
(g) engaging in any form of commercial sexual exploitation, including but not limited to pimping, pandering, procuring, profiting from prostitution, maintaining a brothel;
(h) engaging in sexual exploitation;
(i) the illicit removal of human organs;
(j) causing a person to transport illegal items within or across borders; and
(k) deriving a benefit through the abuse of another person;
“forced labour” means labour or services obtained or maintained through force, threat of force, or other means of coercion or physical restraint;
“practices similar to slavery” includes –
(a) debt bondage
(b) serfdom
(c) forced or servile marriages; and
(e) delivery of children for exploitation.
“servitude” means a condition of dependency in which labour or services of a person are provided or obtained by threats of serious harm to that person or another person, or through any scheme, plan or pattern intended to cause the person to believe that, if the person did not perform such labour or services, that person or another person would suffer serious harm;
“slavery” means the status or condition of a person over whom any or all the powers attaching to the right of ownership are exercised;

“trafficking in persons” means the recruitment, transportation, transfer, harbouring or receipt of a person by means of the threat or use of force or other means of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability, or of giving or receiving of payment or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation;
Article 5. Offence of trafficking in persons
(1) A person who engages in, conspires to engage in, attempts to engage in, assists another person to engage in, or organises or directs another person to engage in trafficking in persons commits an offence and is liable on conviction on indictment to a fine of two hundred and fifty thousand dollars or to imprisonment for fifteen years or both.
(2) The recruitment, transportation, harbouring, or receipt of a child, or giving of payment or benefits to obtain the consent of a person having control of a child, for the purpose of exploitation, constitutes trafficking in persons irrespective of whether any of the means described in the definition of “trafficking in persons” have been established. St Vincent and the Grenadines Trafficking in Persons Law

THE EMPLOYMENT OF WOMEN, YOUNG PERSONS AND CHILDREN ACT

Note: Sets the minimum age for employment, including hazardous work, Children below the age of 18 are prohibited from being employed at night. For example, kidnapping or detaining a woman against her will for the purpose of prostitution is an offense punishable with up to 14 years in prison.

PREVENTION OF TRAFFICKING IN PERSONS ACT 2011

Article 2. Interpretation

In this Act, unless the context otherwise requires –

“exploitation” includes –

(a) keeping a person in a state of slavery;

(b) subjecting a person to practices similar to slavery;

(c) compelling or causing a person to provide forced labour or services;

(d) keeping a person in a state of servitude, including domestic and sexual servitude;

(e) child pornography;

(f) the exploitation of the prostitution of another;

(g) engaging in any form of commercial sexual exploitation, including but not limited to pimping, pandering, procuring, profiting from prostitution, maintaining a brothel;

(h) engaging in sexual exploitation;

(i) the illicit removal of human organs;

(j) causing a person to transport illegal items within or across borders; and

(k) deriving a benefit through the abuse of another person;

“practices similar to slavery” includes –

(a) debt bondage

(b) serfdom

(c) forced or servile marriages; and

(e) delivery of children for exploitation.

“trafficking in persons” means the recruitment, transportation, transfer, harbouring or receipt of a person by means of the threat or use of force or other means of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability, or of giving or receiving of payment or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation;

Article 5. Offence of trafficking in persons

(1) A person who engages in, conspires to engage in, attempts to engage in, assists another person to engage in, or organises or directs another person to engage in trafficking in persons commits an offence and is liable on conviction on indictment to a fine of two hundred and fifty thousand dollars or to imprisonment for fifteen years or both.

(2) The recruitment, transportation, harbouring, or receipt of a child, or giving of payment or benefits to obtain the consent of a person having control of a child, for the purpose of exploitation, constitutes trafficking in persons irrespective of whether any of the means described in the definition of “trafficking in persons” have been established.

St Vincent and the Grenadines Trafficking in Persons Law 2011 – English (PDF)

MARRIAGE ACT 2009

4. Age of marriage

(1) A marriage solemnised between persons one of whom is-

(a) a female person under the age of fifteen; or

(b) a male person under the age of sixteen, shall be void.

[…]

25. Where consent required

(I) Persons who have reached eighteen and widowers and widows may marry without the consent of others.

(2) Where a person under eighteen, not being a widower or widow, intends to marry, the father, or if the father is dead, the lawful guardian or guardians or, if there is no such guardian, the mother, of such person shall have authority to consent to the marriage of such person, and such consent is hereby required unless there is no person authorised to give it resident in Saint Vincent and the Grenadines.

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